TEXAS PRINCIPLES OF REAL ESTATE 1 FINAL LATEST ACTUAL EXAM 220 QUESTIONS AND CORRECT DET, Exams of Nursing

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TEXAS PRINCIPLES OF REAL ESTATE 1 FINAL

LATEST ACTUAL EXAM 220 QUESTIONS AND

CORRECT DETAILED ANSWERS (100% VERIFIED

ANSWERS) | A GRADE

Under what conditions can a supervising broker appoint a license holder associated with the broker to

represent one party to a real estate transaction? ANSWER>>>> With written consent of all

parties

When must a seller's agent provide a written statement about brokerage services to a party?

ANSWER>>>> At the time of the first substantive dialogue with the party

When must a buyer's agent provide a written statement about brokerage services to a party?

ANSWER>>>> At first contact with the seller, landlord, or either party's agent

What principles govern an agency relationship? ANSWER>>>> Both parties must consent to the

relationship.

Both parties must agree to form the relationship.

The relationship is fiduciary - meaning the agent owes certain duties to the

principal

Implied Agency ANSWER>>> >when the actions of the parties indicate that they have

mutually consented to an agency. The persons involved may not have consciously

planned to form an agency relationship. However, their actions may

unintentionally, inadvertently or accidentally form the relationship.

In order to generate business, in what four skill areas must a broker be proficient?

ANSWER>>>> Obtaining a client listing,

Marketing a listing,

Facilitating the closing of a transaction &

Managing market information

What is a salesperson not allowed to do? ANSWER>>>> Bind a client to any contract

Receive compensation directly from a client

Accept a listing or deposit that is not in the name of the broker

What is an agent's foremost duty following acceptance of an offer? ANSWER>>>> To submit the

contract and the earnest money to the employing broker without delay

What's the penalty for violating the Sherman Antitrust Act? ANSWER>>>> Individual violators of

the Sherman Act can be fined up to $350,000 and sentenced to up to 3 years in

federal prison for each offense; corporations can be fined up to $10 million for

each offense.

However, the Criminal Antitrust Penalty Enhancement and Reform Act of 2004

increased the maximum criminal penalty for individuals to 10 years'

imprisonment and a $1 million fine, and the maximum penalty for corporations to

a $100 million fine.

Broker Jed tells buyer Sam that when he signs his purchase agreement he must also purchase a

subscription to Jed's monthly newsletter. What would you say about this? ANSWER>>>> This is a tie-

in arrangement which is prohibited by the Sherman Antitrust Act.

How did the courts make changes to the caveat emptor principle to better protect consumers?

ANSWER>>>> By making it a requirement for sellers to provide buyers with a Sellers

Disclosure Notice prior to the effective date of a contract and by obligating

licensees to disclose any known or latent defects in a property.

The Texas Deceptive Trade Practices-Consumer Protection Act applies to what aspects of real estate?

ANSWER>>>> Advertising, offering for sale, selling, or leasing of any real or personal

property

How long does a consumer have to bring a DTPA suit? ANSWER>>>> within two (2) years after

the deceptive act occurred (or within two (2) years after the consumer

discovered, or should have discovered, the deceptive act.

What is significant about the Fair Housing Amendments Act of 1988? ANSWER>>>> It added

handicap and familial status to the list of protected classes.

If a person feels like he or she has been discriminated against, how long does that person have to file a

complaint? ANSWER>>>> With HUD - within one year of the alleged act

In state or federal court - within two years of the alleged act

What was the significance of the Plessy v. Ferguson Supreme Court decision of 1896?

ANSWER>>>> Allowed the use of "separate but equal" racially-segregated

accommodations and facilities. In other words, as long as separate housing for

blacks and whites were judged to be equal, they were legal.

Why is it important for licensees to understand the Americans with Disabilities Act?

ANSWER>>>> Brokers need to evaluate whether they need to make physical changes

to their office space to comply with the law.

Licensees should inform their commercial and investor clients of the need to have

their leases professionally evaluated and their offices inspected for compliance.

What is the definition of discriminatory advertising? ANSWER>>>> Advertising that indicates a

preference, limitation or discrimination based on race, color, religion, handicap,

sex, familial status or national origin.

With what agency can discrimination complaints be filed in Texas? ANSWER>>>> Texas Workforce

Commission Civil Rights Division

What does ECOA prohibit? ANSWER>>>> Discrimination against applicants on the basis of

race, color, religion, national origin, sex, marital status, age or dependency on

public assistance

Why was the Community Reinvestment Act passed? ANSWER>>>> To prevent redlining and to

encourage banks and thrifts to help meet the credit needs of all segments of their

communities, including low- and moderate-income neighborhoods

What does the Home Mortgage Disclosure Act require? ANSWER>>>> That lenders report

statistical information each year to insure that lenders are not restricting loans to

certain individuals or neighborhoods to exclude them from obtaining a mortgage

What is testing? ANSWER>>>> A simulated housing transaction designed to obtain

evidence of differential treatment based on an individual's protected class status.

What are the five canons contained in the Canons of Professional Ethics and Conduct?

ANSWER>>>> Fidelity

Integrity

Competency

Consumer Information Form 1- 1

Discriminatory Practices

What are the three main forms of ownership? ANSWER>>>> In severalty - Held by only one

owner

In co-ownership - Held by two or more people

In trust - Held by a third party for the benefit of someone else

What three types of co-ownership does Texas recognize? ANSWER>>>> Tenancy in common

Joint tenancy

Community property

What does a living trust do? ANSWER>>>> Allows the trustor, during his or her lifetime, to

convey title to a trustee for the benefit of a third party

tenancy in common, also known as the estate in common, is the most common form of co-ownership

when the owners are not married. The defining characteristics are: ANSWER>>>> Two or more

owners

Identical rights

Interests individually owned

Electable ownership shares

No survivorship

No unity of time

joint tenancy ANSWER>>>> two or more persons collectively own a property as if they

were a single person. Rights and interests are indivisible and equal. Each has a

shared interest in the whole property which cannot be divided up.

What happens to community property upon the death of a spouse? ANSWER>>>> Half of the

deceased's community property passes to the surviving spouse, and the other

half passes to the decedent's heirs

What form of ownership is a condominium? ANSWER>>>>a hybrid form of ownership which combines ownership of a fee simple interest in the airspace within a unit with ownership of an undivided share, as a tenant in common, of the entire property's common elements. In a limited partnership, what is the liability difference between a general partner and a limited partner? ANSWER>>>>Limited partners are liable only to the extent of their investment. General partners have unlimited liability. According to the Sunset Act, when would the license code expire if it is not renewed? ANSWER>>>>September 1, 2019 (or 12 years after its last renewal) What information must the commission give to both the person who files a complaint with the commission relating to a license holder and to the license holder against whom the complaint is filed? ANSWER>>>>An explanation of the remedies that are available to the person &

Information about appropriate state or local agencies or officials with whom the person may file a complaint What is the makeup of the Texas Broker Lawyer Committee and who appoints them? ANSWER>>>>The Texas Real Estate Broker- Lawyer Committee is made up of 13 members appointed as follows: Six (6) members appointed by the commission Six (6) members of the state bar of Texas appointed by the president of the state bar One (1) public member appointed by the governor What must a broker do with regard to his or her affiliated licensees if the broker is applying for inactive license status? ANSWER>>>>Terminate his or her association with each affiliated salesperson by giving written notice to each salesperson before the 30th day preceding the date the broker applies for inactive status. How long does an applicant have to fulfill the license exam requirement after the application has been filed? ANSWER>>>>No later than one year after the date the license application is filed. A commission member would be removed from office under what conditions? ANSWER>>>>• Does not have the required qualifications at the time of appointment

• Does not maintain the required qualifications during service on the commission
• Is ineligible for membership
• Cannot discharge the member's duties for a substantial part of the member's term
• Is absent from more than half of the regularly scheduled commission meetings during each calendar year, unless the absence is excused by majority vote of the commission On what is the merit pay for commission employees based? ANSWER>>>>The annual performance evaluation system developed by the administrator or the administrator's designee A listing contract form adopted by the commission that relates to the contractual obligations between a seller of real estate and a license holder acting as an agent for the seller must include what? ANSWER>>>>A provision informing the parties to the contract that real estate commissions are negotiable

A provision explaining the availability of Texas coastal natural hazards information important to coastal residents, if that information is appropriate For how long is a license active before renewal is required? ANSWER>>>>Twenty-four (24) months What is the status of a license that has not been renewed in 2 years? ANSWER>>>>The person must reapply. What is meant by the term substantive dialogue? ANSWER>>>>A meeting or written communication that involves a substantive discussion relating to specific real property. The term does not include a meeting that occurs at a property that is held open for any prospective buyer or tenant or a meeting or written communication that occurs after the parties to a real estate transaction have signed a contract to sell, buy, or lease the real property concerned. What is the purpose of the Real Estate Recovery Trust Account? ANSWER>>>>To reimburse aggrieved persons who suffer actual damages caused by an act committed by a license holder, a certificate holder, or a person who does not hold a license or certificate and who is an employee or agent of a license or certificate holder What happens if the commission proposes to deny, suspend, or revoke a person's license? ANSWER>>>>The person is entitled to a hearing conducted by the State Office of Administrative Hearings. what is the maximum amount the commission can assess as an administrative penalty? ANSWER>>>>An administrative penalty may not exceed $5,000 for each violation. A person who receives a commission or other consideration as a result of acting as a broker or salesperson without holding a license is liable to an aggrieved person for what amount of penalty? ANSWER>>>>Not less than the amount of money received or more than three times the amount of money received When did the Public Land Survey System begin? ANSWER>>>>Shortly after the American Revolution, when the federal government became responsible for large areas of land west of the original thirteen states.

Why is Texas not a Public Land State? ANSWER>>>>The public lands in the 30 Public Lands States were owned by the United States Government, but Texas retained ownership of its public lands even after annexation to the United States metes and bounds ANSWER>>>>Identifies the boundaries of a parcel of real estate using reference points, distances, and angles. In the rectangular survey method, how large is a township in square miles and how large is a township section? ANSWER>>>>A township is 36 square miles and a section is one square mile or 640 acres. For what kinds of properties is the lot and block method most often used? ANSWER>>>>The lot and block system, also called the recorded plat method, is used to describe properties in residential, commercial, and industrial subdivisions. What does Texas law require in order to record the plat with the county? ANSWER>>>>That all taxes, both current and delinquent, must be paid. Datums ANSWER>>>>Standard elevation reference points What does an escrow agreement define? ANSWER>>>>The arrangement by which one party deposits an asset with an escrow agent, who will in turn make delivery to another party if and when the specified conditions of the contract have been met. What happens when a seller makes a counteroffer to a buyer's original offer? ANSWER>>>>The original offer terminates and the counteroffer in effect becomes a new offer. What is a contingency and what is the most common contingency? ANSWER>>>>A condition that must be met before the contract is enforceable. The most common contingency concerns financing. If the seller of a property is a foreign person, what must the buyer do with respect to the IRS? ANSWER>>>>The buyer must withhold 10% of the purchase price at closing if the seller is a foreign person or entity and forward the withheld amount to the IRS

What is a licensee's responsibility for using forms drafted by the Broker-Lawyer Committee? ANSWER>>>>They may use drafted forms that have been approved by TREC. However, if the commission promulgates the form, then licensees must use the form in the transaction for which it was designed. Express Contract ANSWER>>>>a contract in which all the terms and covenants of the agreement have been clearly stated and agreed to by all parties, whether verbally or in writing. Implied Contract ANSWER>>>>an unstated or unintentional agreement that may be considered to exist when the actions of any of the parties suggest the existence of an agreement. When must a suit for damages be initiated? ANSWER>>>>Must be initiated within the time period allowed by the Statute of Limitations. (2 years) What is a life estate? ANSWER>>>>A freehold estate that is limited in duration to the life of the owner or other named person. Upon the death of the owner or other named individual, the estate passes to the original owner or another named party. What are the major forms of legal life estate? ANSWER>>>>Homestead Dower and curtesy Elective share What are leasehold tenants entitled to? ANSWER>>>>They are entitled to possess and use the leased premises during the lease term in the manner prescribed in the lease. Who issues water rights in Texas and under what conditions? ANSWER>>>>The Texas Commission on Environmental Quality (TCEQ) issues water rights for people who can show a beneficial use for the water, such as crop irrigation. What is meant by the term "undivided interest"? ANSWER>>>>An owner's interest in a property in which two or more parties share ownership

For what reasons might the government or a public utility take private property for public use and what is this called? ANSWER>>>>to widen roadways, easements, or develop a highway. This is called eminent domain What is the highest form of ownership interest one can acquire in real estate? ANSWER>>>>Fee simple freehold estate fee simple absolute ANSWER>>>>a perpetual estate that is NOT conditioned by stipulated or restricted uses. defeasible fee estate ANSWER>>>>perpetual estate, provided the usage DOES conform to stated conditions. What types of liens are considered superior liens? ANSWER>>>>Real estate tax liens Special assessment liens Federal and state inheritance tax liens What basically happens in a foreclosure? ANSWER>>>>Lienors force a property owner to give up title through court action. This may involve either the lienors' forcing the owner to sell and pay off the creditors, or taking title directly. What three types of foreclosure processes enforce mortgage liens? ANSWER>>>>judicial foreclosure non-judicial foreclosure strict foreclosure lis pendens ANSWER>>>>gives public notice that the mortgaged property may soon have a judgment issued against it. What is a deed in lieu of foreclosure? ANSWER>>>>A way for a defaulting borrower who faces foreclosure to avoid court actions and costs by voluntarily deeding the property to the mortgagee

What is an important thing to remember about the enforceability of listing agreements? ANSWER>>>>They must be in writing to be enforceable. What is the major difference between an exclusive right to sell listing and an exclusive agency listing? ANSWER>>>>With exclusive right to sell, the broker has the exclusive right to market the property and receive a commission regardless of who procures the buyer. With exclusive agency, the owner retains the right to find a buyer and sell the property and owe the exclusive broker no commission How does a net listing create a conflict of interest for a broker? ANSWER>>>>It violates the broker's fiduciary responsibility of putting the client's interests above his or her own How does a broker create an exclusive agency agreement with a seller? ANSWER>>>>Texas has an addendum to the exclusive right to sell agreement that makes it an exclusive agency listing. What is the notable difference between the exclusive right to sell agreement and the exclusive buyer's agency agreement? ANSWER>>>>How the agent is paid. Are sellers required to use TREC Form OP-H to provide the property condition disclosure to a buyer? ANSWER>>>>That specific form is not required; however, the seller must use a form that reads substantially similar to the Texas promulgated form OP-H. To what types of properties do lead-based paint disclosures apply? ANSWER>>>>Properties built prior to 1978 What is meant by a ready, willing, and able customer? ANSWER>>>>One who is amenable to the terms of the transaction (ready and willing) and financially capable of paying the price and legally capable of completing the transaction (able) List four causes for listing termination, not including performance. ANSWER>>>>Infeasibility: it is not possible to perform under the terms of the agreement- Mutual agreement: both parties agree to cancel the listing- Breach: the terms of the listing are violated- Lapse of time: the listing expires

Title and Escrow Companies ANSWER>>>>A title company completes an "abstract of title," which is a search of the records in the county where the property is held. Escrow companies hold money or documents until certain terms and conditions of the escrow are met. The Association of Real Estate License Law Officials (ARELLO) ANSWER>>>>INTERNATIONAL association of real estate regulators, who promotes consistent policies and standards for license law and enforcement of license law. Texas Real Estate Commission (TREC) ANSWER>>>>charged with administering and enforcing license laws, as well as passing regulations that further refine or clarify state statutes. Responsible for administering The Real Estate License Act (TRELA). TREC has the power to create and enforce new rules to help interpret or define TRELA, but cannot amend the law. National Association of REALTORS® Code of Ethics ANSWER>>>>not only reflects the law but sets an even higher standard of performance for member brokers and agents. Market influences on supply and demand ANSWER>>>>local economic factors; national economic trends in money supply, inflation; government regulation at all levels The Texas Real Estate License Act (TRELA) does? ANSWER>>>>establishes a Real Estate Recovery Fund for the protection of the public against harmful actions by licensees. The fund is maintained and administered by TREC. TREC member details ANSWER>>>>9 board members: 6 members from real estate industry, 3 members from general public Appointed by governor Should a person or their spouse be registered, certified, or licensed by an occupational regulatory agency in the industry, they are deemed ineligible. Term is 6 calendar years

What are the duties of the TREC? ANSWER>>>>dminister Chapter 1101 and Chapter 1102. Adopt rules and establish standards relating to permissible forms of advertising by a license holder acting as a residential rental locator. Maintain a registry of certificate holders. Design and adopt a seal. The Commission in the course of conducting hearings and investigations is empowered to issue subpoena. Education Standards Advisory Committee (ESAC) ANSWER>>>>committee consists of twelve (12) members appointed by the commission. Members serve two-year terms, expiring on December 31 of each even-numbered year. Claiming for Payment from Trust Account ANSWER>>>>Payments from the trust account for claims arising out of a single transaction may not exceed a total of $50,000, regardless of the number of claimants. Payments from the trust account for claims based on judgments against a single licensee may not exceed a total of $100,000. What are the duties of ESAC? ANSWER>>>>The commission sets rules for how much and what kind of education licensees may take to renew their licenses. The commission by rule may prescribe the title, content, and duration of continuing education courses that a license holder must attend to renew a license. The commission can also approve relevant educational experience and correspondence courses as a substitute for the required classroom attendance. Emblements ANSWER>>>>plants or crops considered personal property since human intervention is necessary for planting, harvesting. Regulation of Real Property Interests ANSWER>>>>Federal regulation - grants overall rights of ownership; controls broad usage standards, discrimination. State regulation - primary regulatory entities of the real estate business; establish real estate license laws and qualifications and sets regional usage standards.

Local regulation - levies real estate taxes; controls specific usage. Judicial regulation - applies case law and common law to disputes. Is Dual Agency permitted in Texas? ANSWER>>>>HELL NO Y'ALL In 1974, the Housing and Community Development Act did what? ANSWER>>>>added sex to the list of protected classes. (nice) 1988, the Fair Housing Amendments Act did what? ANSWER>>>>added handicap and familial status. Any person who believes they have been discriminated against has how long to file a complaint with HUD in: ANSWER>>>>one (1) year of the alleged act. In addition to or instead of filing a complaint with HUD, a person may file a suit in a state or federal court within two (2) years of the alleged violation. Texas complaints can be filed with the Texas Workforce Commission Civil Rights Division when? ANSWER>>>>One year from the date the incident occurred is the statute of limitations on claims. Community Reinvestment Act ANSWER>>>>passed by Congress in 1977 to prevent redlining and to encourage banks and thrifts to help meet the credit needs of all segments of their communities. Redlining ANSWER>>>>Restricting the number of loans in certain areas of a community because of its racial or ethnic makeup. Compliance with antidiscrimination laws is critical when doing advertising. Blockbusting ANSWER>>>>Making a profit by inducing owners to sell by telling them that persons of a protected class are moving into the neighborhood which will have detrimental results. Canons of Professional Ethics and Conduct. These five canons have the force and effect of law in Texas: ANSWER>>>>Fidelity Integrity Competency Consumer info form 1- 1

Discriminatory Practices How often does the Professional Standards Committee reevaluate and implement changes to the code of ethics and conduct? ANSWER>>>>Annually The commission may issue or renew a license for a period of: ANSWER>>>>24 months Texas Real Estate Broker- Lawyer Committee is made up of ANSWER>>>>13 members appointed as follows: Six (6) members appointed by the commission Six (6) members of the state bar of Texas appointed by the president of the state bar One (1) public member appointed by the governor Committee members serve staggered six-year terms, with the terms of two commission appointees and two State Bar of Texas appointees expiring every two years and the term of the public member expiring every six years. If a person's license has been expired for 2 years or longer: ANSWER>>>>he person may not renew the license A person whose license has been expired for 90 days or less may renew the license by: ANSWER>>>>paying to the commission a fee equal to 1-1/2 times the required renewal fee. If a license has been expired for more than 90 days but less than six months, the person may renew the license by: ANSWER>>>>paying to the commission a fee equal to two times the required renewal fee. Who conducts the hearing for a violation for prohibited practice ANSWER>>>>An administrative law judge of the State Office of Administrative Hearings will conduct the hearing Public Land Survey System (PLSS) ANSWER>>>>method traditionally used over the largest part of the United States to survey and classify land parcels and is occasionally referred to as the rectangular survey.

Is Texas a public land state? ANSWER>>>>Texas is not a Public Land State and has a hybrid of its own early system, based on Spanish land grants, and a variation of the PLSS. contract ANSWER>>>>an agreement between two or more parties who, in a "meeting of the minds," have pledged to perform or refrain from performing some act. A valid contract is one that is legally enforceable by virtue of meeting certain requirements of contract law. Executed or executory contracts are ANSWER>>>>contracts that have been fully performed and fulfilled, or performance has yet to be completed. The Statute of Frauds requires ANSWER>>>>certain contracts must be in writing to be enforceable. Real estate contracts that transfer an interest in real property fall in this category, with the exception of a lease with a term of one year. All other contracts to buy, sell, exchange, or lease interests in real property must be in writing to be enforceable. Escrow agreement ANSWER>>>>An escrow agreement is a legal document that sets forth the terms and conditions between parties who are involved in an escrow. Texas Commission on Environmental Quality (TCEQ) ANSWER>>>>issues water rights for people who can show a beneficial use for the water. Littoral rights ANSWER>>>>abutting property owners own land to high water mark; may use, but state owns underlying land. Riparian rights ANSWER>>>>if navigable, abutting property owners own land to water's edge; may use, but state owns underlying land; if not navigable, owner owns land to midpoint of waterway. Texas Open Beaches Act ANSWER>>>>states that the land between the high and low tide lines is considered a public beach and structures may not be built on the easement. In the case of a hurricane, these easements may shift to include property previously built. In this case, the state has the right to tell the property owner to move or raze the property.

Encumbrance ANSWER>>>>an interest in and right to real property that limits the legal owner's freehold interest. In effect, an encumbrance is another's right to use or take possession of a legal owner's property, or to prevent the legal owner from enjoying the full bundle of rights in the estate. The two general types of encumbrance are those that affect the property's use and those that affect legal ownership, value, and transfer. utility easement ANSWER>>>>enables others to use the property, regardless of the owner's desires. Easement appurtenant ANSWER>>>>gives a property owner a right of usage to portions of an adjoining property owned by another party. easement by necessity ANSWER>>>>n easement appurtenant granted by a court of law to a property owner because of a circumstance of necessity, most commonly the need for access to a property. Party wall ANSWER>>>>a common wall shared by two separate structures along a property boundary. A negative easement in a shared structure. Easement in gross ANSWER>>>>a right to use property that does not attach to the real estate. Utilities or railroads are examples. Those employed to buy or sell easements in gross must be licensed or registered with TREC. Easements can be created by: ANSWER>>>>voluntary grant, court decree, by necessity, prescription, or eminent domain. If someone uses another's property as an easement without permission for a statutory period of time (the period of time in Texas is 10 years): ANSWER>>>>a court order may give the user the easement right by prescription, regardless of the owner's desires. eminent domain ANSWER>>>>wherein they condemn a portion of a property and cause it to be sold "for the greater good."

encroachment ANSWER>>>>unauthorized, physical intrusion of one owner's real property into that of another. If an encroached owner takes no remedial action over a prescribed number of years, the encroachment may become an easement by prescription. Tenancy in partnership ANSWER>>>>rants equal rights to all partners, but the property must be used in connection with the partnership's business. Individual rights are not assignable. Sole proprietorship ANSWER>>>>one person owns the whole business and reports all the profits and losses on his or her personal income tax return. Partnership ANSWER>>>>two or more people become associated to carry on a business for profit. Corporation ANSWER>>>>a separate legal entity established under state law by the filing of articles of incorporation with the Secretary of State. If just a few people hold all the stock in a corporation so they can actively control the business, the corporation is said to be closely held. Limited Liability company ANSWER>>>>provide the limited liability protection of corporations without the regulations associated with corporations. Syndicate ANSWER>>>>a group of two or more people who combine their financial resources to achieve certain investment objectives. Exclusive Agency states: ANSWER>>>>the owner may sell or lease the property to an excluded prospect as long as the owner does not use the services of another broker. Once an owner enters into a contract with an excluded prospect, the broker has no obligation to continue to provide services. Excluded prospect ANSWER>>>>a certain specifically named buyer (or buyers)purchase the property, no commission will be paid because the named buyer was introduced to the property through the efforts of the Seller, prior to entering into a listing agreement.

Avulsion ANSWER>>>>Sudden addition of land from water receeding Accretion ANSWER>>>>The gradual loss or addition of land resulting from the action of water Reliction ANSWER>>>>Land created from the recession of water